In a bodily Injury or wrongful death lawsuit, there are basically three major hurdles that need to be overcome to keep you in court until you can have the judge or jury decide your case. Those same hurdles exist in trying to get your case settled before it ever gets to court. If the insurance claims adjustor for the at-fault party can be convinced you will likely overcome those hurdles in court, settlement can often be achieved before a lawsuit is ever filed.

So what are those hurdles? The law requires you, the injured party, to plead and prove facts establishing the following legal elements. 

1. Liability.

2. Causation.

3. Damages.

Causation and damages are addressed under their own sections. Here, we discuss the concept of liability.

LIABILITY:

Liability simply means showing the person or entity who injured you, or caused the death of your loved one, is legally at fault. Witnesses may have seen the other driver run a red light before the collision with your car. There may have been a building code requiring handrails on stairs that the owners of the property where you fell failed to follow. A toaster that exploded and injured you can be shown to not have performed as safely as an ordinary consumer would have expected it to perform. A driver may not have acted with the same ordinary standard of care we are all charged with in our daily lives. A bus driver, who is held to a higher standard of care than ordinary drivers, may have caused a collision. An insurance company may have denied your claim without conducting a full and fair investigation that would have shown coverage for your loss. The list of examples are endless.

There are many ways to establish liability. We know them all. We have decades of real-world experience in achieving successful results for our clients.

We have access to the finest liability experts in the country.

Let us review your case for free.

As always, no recovery, no fee.